Is a Customer List Considered a Trade Secret?
In some circumstances, a “customer list” can be considered a “trade secret” under the Minnesota Uniform Trade Secrets Act. If the customer list receives trade secrets protection, then the employee generally cannot use or disclose the information contained on the customer list (such as the customer’s name, address, phone number, fax number, buying habits, requirements, preferences, account history, pricing, etc.). As a practical matter, this may make it very difficult for the employee to solicit the business of his/her former employer’s customers after the employment relationship ends. As you can imagine, many employers claim that their customer list is a “trade secret” whereas many departing employees claim that the customer list is not a “trade secret” for a variety of reasons. Whether or not a particular customer list is considered a “trade secret” is a critical issue that will often determine the outcome of a lawsuit under the Minnesota Uniform Trade Secrets Act. The status of custo
